Published: 29/11/2009
(Posted by CAAI News Media)
Kao Soupha is a lawyer who is well used to government pressure.
The 37-year-old Cambodian believes that if a lawyer is afraid of the state, then many innocent people will have no chance to defend themselves.
For this reason he decided to represent jailed Thai engineer Sivarak Chutipong.
Mr Sivarak, 31, an employee of Thai-owned Cambodia Air Traffic Services, was arrested on Nov 12 on charges of leaking information concerning the flight plan of Thaksin Shinawatra as he travelled to Cambodia.
Mr Sivarak is being held at Prey Sar prison, pending a bail consideration and first hearing on Dec 8.
"I see he [Mr Sivarak] has a good chance of being freed as I believe he did not really steal the flight records," Mr Soupha said.
Mr Soupha admits his client was in a position to know of all the flights in an out of Cambodia but that Thaksin's flight plan was not a secretive matter.
Had Mr Sivarak "spied", he would not have left Cambodia and travelled to Laos on Nov 6 and returned to Cambodia on Nov 9, says Mr Soupha.
He acknowledged the arrest of Mr Sivarak was a headlining issue between the two countries, but it was not a complicated case because as far as he knew there was not much evidence supporting the plaintiff side.
Mr Soupha also believes the arrest of Mr Sivarak was politically motivated and the case should be resolved by the two governments.
"They are playing a game and Mr Sivarak is, unfortunately, in the middle," he said.
According to Cambodian law, if Mr Sivarak is found guilty of spying he faces a jail term of between seven and 15 years.
Mr Soupha specialises in providing legal counselling for Cambodian and foreign people. Most of his cases are concerned with human rights violations and alleged unfair treatment by the Cambodian government.
He often deals with the Thai community in Phnom Penh and is regularly contacted by the Thai embassy in Phnom Penh.
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